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Don Moynihan @donmoyn
, 5 tweets, 3 min read Read on Twitter
BIG NEWS: Federal judge has blocked the introduction of work requirements for Medicaid in Kentucky. Points out that a statutory goal is to provide for health care needs of the poor, and state has not shown how work requirements help that goal 1/ ecf.dcd.uscourts.gov/cgi-bin/show_p…
The judge blocking the Kentucky Medicaid requirements noted how CMS and HHS encouraged state to adopt these requirements as an alternative to repealing the ACA. What could not be done statutorily, would be done administratively 2/
Judge Boasberg notes that Medicaid, unlike welfare programs like TANF, has never made work a condition of receiving benefits in its 50 year existence, and has resisted such efforts in the past because of a concern it would hamper access. (@ASlavitt gets a shout-out here) 3/
In effect: executive actors have discretion over the goals of Medicaid, but that discretion is not limitless, and does not extend to ignoring the history and stated goals of the program. 4/
One thing missing from the decision that may come up on appeal is the role of evidence in state/CMS claims about work requirements. To wit, there is just not much evidence that such requirements will help health access. Indeed, opposite is true 5/ nytimes.com/2018/01/18/ups…
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